Few conflict-of-interest rules are as demanding as Rule 1.8(a), which regulates business transactions between lawyers and their clients. This CLE program takes a deep dive into the Rule’s stringent requirements, exploring what qualifies as a “business transaction,” the types of arrangements that trigger its application, and whether such conflicts can ever be waived. We will also examine the essential elements of a valid waiver, and consider how the Rule impacts midstream modifications to fee agreements.

Through this discussion, participants will gain a clearer understanding of the Rule’s reach, its pitfalls, and how to navigate compliance in everyday practice.